PITAMBER LAL Vs. STATE OF UTTARANCHAL
LAWS(ALL)-2006-6-3
HIGH COURT OF ALLAHABAD
Decided on June 21,2006

PITAMBER LAL Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) HEARD Sri G. S. Bhatt and Sri Lokendra Dobhal, leaned counsel for the petitioners and learned standing counsel for respondents no. 1 to 4.
(2.) BY means of this writ petition, the petitioners have prayed for the fol lowing reliefs : (i) issue a writ, order, or direction in the nature of Mandamus directing the respondents to make payment of CIS amount with interest of Sri Sukhlal to his nominee Smt. Kalawati. (ii) writ, order, or direction in the nature of Mandamus directing the respondents to appoint Pitamber Lal, petitioner no. 1 in Govern ment Service according to his qualification in place of his de ceased father Sri Sukhlal. (Hi) any other writ, order or direction that this Hon'ble Court may deem fit in the interest of justice; (iv) costs. Amendment application was moved by the petitioners on 15-06-2006 to add one more prayer in the writ peti tion, as prayer I (a) for quashing of the order dated 22-07-2005 passed by Joint Secretary, Uttaranchal Administration, Dehradun refusing to give appointment to the petitioner and further to implead the Joint Secretary, Uttaranchal Admin istration, Dehradun as respondent no 5. Amendment application was al lowed and petitioners were permitted to add the aforesaid prayer.
(3.) THE facts of the case are that pe titioner no. 1 is the son of late Sri Sukhlal, his date of birth is 07-09- 1972 and has passed B. Sc. in the year 1995 from Chaudhary Charan Singh Univer sity, Meerut. Father of the petitioner no. 1 late Sri Sukhlal was appointed on 03-09-1979 on the post of Foundry Assist ant in Government Photo Litho Press, Roorkee, District - Haridwar and contin ued to work in the Department till 16-01-1998. Sri Sukhlal disappeared on 1-01 -1998. He was searched in every pos sible places but he could not be found or traced. Consequently, Smt. Kalawati, wife of Sri Sukhlal, petitioner no. 2 lodged FIR on 19-01-1998 with Police Station - Gang Nahar, Roorkee. Direc tor, Government Photo Litho Press, Roorkee was informed on 19-01-1998 about the disappearance of Sri Sukhlal and for necessary action by the Depart ment. In turn, Deputy Director, Govern ment Photo Litho Press, Roorkee in formed Station Officer, Incharge, Police Station - Gang Nahar, Roorkee about disappearance of Sri Sukhlal. On 28-03-1998, Police Station - Gang Nahar, Roorkee, informed the Assistant Direc tor, Government Photo Litho Press, Roorkee that the matter was deeply ex amined and local police made all efforts to trace out Sri Sukhlal but he could not be traced. On 15-04-1999, final report sent by the Police Station - Gang Nahar, Roorkee, to the Assistant Director, Gov ernment Photo Litho Press, Roorkee that in spite of all possible efforts Sri Sukhlal could not be traced.;


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